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Oct 15 2025

Fall/Winter Update 2025

July – December 2025

The second half of 2025 continued to be an active period for LKDR, with Meg and Lucinda participating in a wide range of professional activities and conferences around the world. The months from July through December featured discussions on integrity in arbitration, the evolution of investment law, mentorship, and the continuing legacy of NAFTA.

In September, Meg spoke at the 24th International Arbitration Conference hosted by the Brazilian Arbitration Committee (CBAr) in Rio de Janeiro. The conference theme, “Integrity and Arbitration,” provided the backdrop for her remarks on the scrutiny of awards and review mechanisms, key safeguards to ensure fairness and transparency in arbitral decision-making.

October was a particularly busy month. Meg returned to Rio de Janeiro for the AIEN/ICC Conference on Dispute Resolution in the International Energy Business, where she delivered two presentations. The first traced the evolution of energy-related disputes at ICSID, from traditional energy contracts to more recent cases involving renewable energy. The second addressed the treatment of taxation under investment law, noting the increasing inclusion of “tax carve-outs” in investment treaties to preserve states’ sovereign taxing authority.

Lucinda opened the month as the keynote speaker at the Atlanta Arbitration Society’s 8th Annual Conference, where she delivered an address on “The Elusive Concept of Mandatory Law in International Arbitration”, offering reflections on how this evolving topic continues to shape arbitral practice, particularly in international commercial arbitration.

Back in Washington, both Meg and Lucinda participated in Washington Arbitration Week (WAW). Meg spoke on a panel focused on how to foster a culture of mentorship in international arbitration, while Lucinda took part in a panel entitled “Annulment of ICSID (and non-ICSID) Awards in the U.S. as Well as Aspects of Their Enforcement,” examining recent developments in annulment and enforcement proceedings before U.S. courts.

Meg then spoke at the ICC Canada Annual Conference in Ottawa, joining a panel examining Canada’s experience under NAFTA’s investment chapter. Over the life of the treaty, Canada faced 44 arbitrations, many of which have significantly influenced modern ISDS jurisprudence. 

She will next address the ICC México Investment Arbitration Committee on “NAFTA Under the Upcoming Review of the USMCA,” offering reflections on lessons learned from Canada’s experience under NAFTA and the implications for ongoing treaty review and reform.

Lucinda and Meg will reunite later in the month at International Law Weekend 2025 in New York, serving as keynote interviewees in a conversation moderated by ASIL President Melida Hodgson. Under the theme “Crisis as Catalyst,” they will discuss how arbitration has adapted to global change and how institutions and practitioners can continue driving reform.

In November, Meg will participate in Dubai Arbitration Week as part of a panel hosted by Al Tamimi & Co., CEDR, and ADGM on “Investor-State Mediation: Has Its Time Come?”. The session will address the increasing role of mediation in ISDS and the implementation of the ICSID Mediation Rules. Later that month, she will deliver the Freshfields Lecture in London on “The Legacy of NAFTA Chapter 11,” examining the agreement’s enduring influence on investment treaty drafting and investor–state dispute settlement practice.

Lucinda’s engagements in November and December will be equally active. She will participate in the fall meeting of the ICC Commission on Arbitration and ADR in Toronto, continuing her work as a member of the Commission and with the Task Force on Dealing with Allegations of Corruption in International Arbitration. She will speak at the CAM AMCHAM 8th Arbitration Conference in São Paulo on “Arbitration and Corporate Reputation” (Arbitragem e Reputação Corporativa), and at Dublin International Arbitration Day on “Key Developments in International Arbitration.” She will conclude the year in Miami, where she will speak at HardTalk Miami on “Corruption in Arbitration: Tackling Fraud and Bribery in Latin America’s Commercial Landscape.”

As 2026 begins, LKDR looks ahead to another year of hearings, awards, and continued engagement with colleagues and institutions advancing the practice of international arbitration.

Written by calvin · Categorized: Uncategorized

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